KULDEEP SINGH Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) Ex-Naik Kuldeep Singh has approached this Court in its civil writ jurisdiction praying for issuance of a writ in the nature of mandamus directing the respondent-Union of India to release the disability element of pension to the petitioner.

(2.) It has been pleaded on behalf of the petitioner that the petitioner was enrolled in Punjab Regiment, Indian Army on 27.1.1988. During the course of service, the petitioner remained posted essentially in the field areas such as Drass, Baramulla, Sunderbani in Jammu & Kashmir, Miran Sahib and operational war deployment during Operation Parakaram. While on operational duty near the Line of Control in Sunderbani area of Jammu & Kashmir on 10.3.2001, the petitioner suffered an accidental fire from his own weapon. The bullet went through his body from right side of his chest. The petitioner was declared a case of "Gun shot wound (Right) side of chest". The medical category of the petitioner was down graded.

(3.) It has been asserted on behalf of the petitioner that the petitioner was deployed for an exceptionally long period of time due to shortage of man- power. The petitioner was under extreme stress and strain, and therefore, probably suffered a bout of unconsciousness. Clearly, however, it has also been stated that there might be some degree of negligence on the part of the petitioner in the incident, however, it has been contended that the same would be on account of the extreme stressful conditions. Be that as it may, on account of low medical category, the petitioner opted for voluntary discharge in the year 2004. The petitioner was discharged on 31.1.2005 in permanent low medical category while assessing the degree of his disability at 20%.